Comments on: First Same Sex Divorce

By: David Weisman

David Weisman — Thu, 01 Jan 1970 00:00:00 +0000

Wouldn’t that be funny, a judge could say marriage was sacred, the law required him to let heterosexual couples get divorced, but not them.

By: Kristjan Wager

Kristjan Wager — Thu, 01 Jan 1970 00:00:00 +0000

In Denmark there is no legal differenting between a divorce between two marriaged people and two people in a civil union, so there have been plenty of divorces here.
And even if you disregard those because they disolve a civil union and not a marriage, I’m sure that there has been divorces in Holland as well, where ssm have been legal for a while.

I don’t know about you people, but if my lawyer seemed more focused on presenting my case as the first of its kind, rather than getting facts straight, I’d be a little worried about how well he was representing me.

By: ae

ae — Thu, 01 Jan 1970 00:00:00 +0000

I would be satisfied if I could find a lawyer qualified to present my case at all. I am sick of hearing that the dissolution of the partnership has to be treated as though it was a business. Those rules cannot logically apply. It was a family, complete with children, and there will be many more like us to follow. Courts, and lawyers, better get a clue… soon…

By: jstevenson

jstevenson — Thu, 01 Jan 1970 00:00:00 +0000

One interesting issue that came up regarding estate planning and community property.

Federal law treats community property just as it says. Unlike joint tenancy, which has special protections that pertain to husband and wife. Community property has it’s own separate provision that provides protection based on the term community property and does not depend on marriage (this is of course because only married people could hold title in community property).

Effective 2005, in California, registered domestic partners may be eligible for some federal benefits despite, DOMA paragraph 2, in the case of death of a party.

I am certain I would get the facts straight, but I also may be intently focused on bringing that case to trial in order to get a judicial interpretation of the law.